Database Search Result Details
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First Name
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Dara
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Last Name
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Acord
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Decision Date
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8/2/2023
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Docket Number
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2023-0910-MISC
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ALJ
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BTC
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Respondent
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Braxton County Commission
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Employment Type
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MISC
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Job Title
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Assistant Prosecuting Attorney
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Topics
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Dismissal--lack of jurisdiction
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Primary Issues
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Whether the Grievance Board has the authority/jurisdiction to hear grievances regarding the actions of a county commission.
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Outcome
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Dismissed
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Statutes
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W.VA. CODE ST. R. § 156-1-6.2 (2018); W. VA. CODE § 6C-2-1(a); W. VA. CODE § 6C-2-2(g)
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Related Cases
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Syl. Pt. 4, McDaniel v. W. Va. Div. of Labor, 214 W. Va. 719, 591 S.E.2d 277 (2003) (citing Syl. Pt. 3, Mountaineer Disposal Service, Inc. v. Dyer, 156 W. Va. 766, 197 S.E.2d 111 (1973))
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Keywords
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Jurisdiction, county commission
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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Grievant was employed by the Braxton County Commission and protests the termination of her employment. While the Grievance Board has authority to hear grievances filed by employees of a state commission, county commissions are not named as an employer in the statute. Therefore, the Braxton County Commission is not an “employer” as defined by West Virginia Code § 6C-2-2(g) and is not subject to the grievance procedure. The Grievance Board lacks jurisdiction in this matter, and the grievance must be dismissed.
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